This Court ordered notice before admission on 4-9-2006 and the learned Assistant Government Pleader for Panchayat Raj had taken notice for respondents 1 to 3 and Sri Narayana Rao who entered appearance on behalf of 5th respondent requested time to file counter affidavit.

2. The 5th respondent filed counter affidavit.

3. Sri M. Jagannath Rao, the writ petitioner filed the present Writ Petition praying for a writ of mandamus declaring the inaction of the respondents in not initiating action for disqualification of the 5th respondent for having more than three children born after the year 2000 being illegal, arbitrary, violative of the provisions of A.P. Panchayat Raj Act, 1994 and unconstitutional and consequently to direct the respondents to forthwith disqualify the 5th respondent from being the Sarpanch of Satyavaram Gram Panchayat in, Payakaraopet Mandal of Visakhapatnam District and to pass such other suitable orders.

4. The learned Counsel for the writ petitioner had taken this Court through the averments made in the affidavit filed in support of the Writ Petition and would submit that in the facts and circumstances of the case, the total inaction on the part of respondents 1 to 4 in further proceeding with the action to be taken in relation to disqualification cannot be justified. The learned Assistant Government Pleader for Panchayat Raj however would maintain that the procedure to be followed under Section 22 of A. P. Panchayat Raj Act, 1994 had not been followed.

5. Sri Narayana Rao, the learned Counsel representing the 5th respondent had taken this Court through the averments made in the counter affidavit and would submit that the writ petitioner has no locus standi to file the present writ petition at all since he is neither an affected party nor an aggrieved party. The learned Counsel also would submit that already one Mogasala Appa Rao filed Election O.P.No.1162/2006 on the file of the Principal District Judge, Visakhapatnam. The Counsel also would submit that one Srinivasa Rao already filed Election O.P.No.15/2006 on the file of Principal District Munsif, Yelamanchili. When that being so, it would not be just and proper to grant the present relief in relation to the initiation of action under Section 22 of A.P. Panchayat Raj Act, 1994 (hereinafter in short referred to as "Act" for the purpose of convenience) for the reason that these proceedings may result in passing of conflicting orders on judicial side and also by the concerned authorities.

6. Heard the Counsel.

7. The writ petitioner M. Jagannadha Rao had stated in the affidavit filed in support of the Writ Petition that he is a permanent resident of Satyavaram village in Payakaraopet Mandal of Visakhapatnam District and a voter of the said Gram Panchayat and the 5th respondent also is a voter of the said Gram Panchayat and had contested the elections recently on 2-8-2006 and however resorting to various illegal electoral practices he had succeeded in being elected to the office of Sarpanch. It is also stated that at the time of nomination, the villagers opposed the nomination of the 5th respondent and informed the Electoral Officer that he was not qualified to become a Sarpanch, the reason being that he has more than three children which is prohibited under present provisions of the Act. However, the 5th respondent exerted influence through Ministers of the ruling party and his nomination was not rejected. It is also stated that under the Act a person having more than two children shall be disqualified for election or for continuing as a Member of the Gram Panchayat and the exception is the birth of additional child if it is within one year from the date of commencement of the Act and the other exception is that even if a third child is born after the commencement of the Act if the number of children does not increase to three. It is also stated that the 5th respondent is having three children viz., Raja, Pragna and Shyam and the youngest son Shyam is aged two